65 Ga. 387 | Ga. | 1880
This was a demurrer to the plaintiff’s declaration ; the demurrer was sustained and the suit dismissed, and error is assigned thereon.
The substance of the allegation in the declaration is that a city watchman, quasi a policeman, wilfully and maliciously, while drunk, threw the plaintiff down and broke his leg; and the question is, can the plaintiff recover from the city in such a case ?
But this watchman was in no sense engaged as the agent of the city of Albany in this transaction. He was not attempting to make an arrest when he threw the plaintiff down and did him the serious injury, -nor was he in the act of trying to do any duty for the city; but he was acting as an independent man, as principal, and not as agent for anybody. In such a case the doctrine of respondeat superior does not apply, because there was no superior or principal or master in the matter. Dillon Mun. Corp., 772, and cases cited.
Judgment affirmed.